Hello Everyone,
Evelyn here,
Below is an Consumer Alert from Attorney Genral, Bill McCollum.
----------
Date: February 06, 2007
An Attorney General Consumer Alert!
McCollum Issues Consumer Advisory on Florida’s Lemon Law
TALLAHASSEE - Attorney General Bill McCollum today issued a consumer
advisory related to Florida’s Lemon Law. Florida's Lemon Law applies
to
new vehicles sold or leased on a long-term basis in the state of
Florida. The Attorney General’s Office has a process in place to
protect consumers from being victimized by purchasing a "lemon." The
office also has additional information available on consumers’ rights
under Florida’s Lemon Law. Since the program's inception, more than
13,300 consumers have received refunds or replacement vehicles.
Florida’s Lemon Law requires automobile manufacturers to make a
reasonable number of repairs to remedy substantial defects in a motor
vehicle. If the manufacturer fails to do so, they are required to buy
back the lemon vehicle and either pay a refund to the consumer or
provide a replacement vehicle, according to provisions in Florida
statutes. Consumers are protected under the Lemon Law for 24 months
after the date of delivery of the vehicle. Anyone who experiences
problems with their new vehicle during that period should immediately
take the vehicle to the manufacturer's authorized dealer.
"Often, we view our vehicles as more than just a convenience -
to many Floridians, their vehicle is essential for work, school or
family obligations," said McCollum. "The Attorney General’s Office
wants to ensure that anyone who purchases a new car in Florida is
aware of their rights and knows they are protected under the law."
The Attorney General's office administers the New Motor Vehicle
Arbitration Board, which resolves disputes between consumers and
manufacturers under the Lemon Law. The board holds arbitration hearings
throughout the state during which consumers and manufacturer
representatives may appear and give testimony in an informal setting.
The panel must then determine whether the consumer's vehicle meets
the legal requirements to be declared alemon.
Arbitration hearings conducted by the New Motor Vehicle
Arbitration Board are open to the public. The process is free, fair
and expeditious. Consumers are not required to be represented by
attorneys to participate in the arbitration process, but may do so if
they wish. If hiring an attorney for the arbitration process, the
Attorney General’s Office recommends the following informational
tips:
- The New Motor Vehicle Arbitration Board cannot order any motor
vehicle manufacturer to pay attorney's fees.
- Some law firms that advertise over the internet do not have
physical offices in Florida, nor is all of the information on the
internet applicable to Florida. Often this information is very general
in nature and is meant to apply to people throughout the country.
- Before hiring an attorney, consumers should understand exactly
how the attorney will calculate their fee and whether there will be
additional charges, such as copying, faxing or telephone calls. The
attorney should clearly explain the method by which their fee will be
alculated.
- If the law firm is not in the city where the arbitration hearing
will be held or is located outside the state of Florida, consumers
should
obtain the name and contact information of the attorney who will attend
the hearing. Floridians should also inquire about whether the attorney
has prior experience with the arbitration process. An in-person
conference or a telephone conference with the attorney is recommended
before the day of the hearing.
- When consumers hire an attorney, the attorney is required to keep
their clients informed of the progress of their case. The attorney
should
return phone calls and be accessible. The attorney should advise their
client if a settlement offer is made by a manufacturer and that it is
then
the client’s decision whether to accept any such offer.
- If an attorney advises their client to sue the manufacturer in court
instead of going to an arbitration hearing, the client should ensure
that
the attorney explains the reasons for this advice, the length of time
it
could take to pursue a court action and the risk associated.
The Florida Bar provides an attorney referral service and a
complaint resolution process for clients on its web site at
http://www.floridabar.org.
Every consumer who acquires a new or demonstrator motor vehicle in
Florida, either through purchase or long-term lease, must be given a
copy
of the "Consumer Guide to the Florida Lemon Law" by the dealer. This
booklet, published by the Attorney General’s Office, contains
valuable
information intended to assist consumers who may have to pursue their
rights under Florida’s Lemon Law. Information about the Lemon Law
also
can be found on the Attorney General's web site at
http://myfloridalegal.com.
Thank you.
----------
Evelyn out.
